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Life Ins Policy on Cooper - Who Will Receive $$$, When?

Several posts have speculated about who will receive the death benefit, in light of Ross' arrest and charges.
A likely (imo) assumption re beneficiary is that at time of application & purchase of policy(ies) is that
Ross and Leanna specified --
- as primary beneficiary, Ross only and named Leanna as contingent beneficiary.
-as primary beneficiary, Ross and Leanna both, and may have not named any contingent beneficiaries
Or maybe named as contingent beneficiaries,
-his parent(s),
-her parent(s),
-Cooper's godparents (if any),
-Ross' brother (I believe his only sib)
-Leanna's sib (if any).

IIUC, life ins co's are unlikely to pay proceeds to the named benef, if homicide charges are pending against that benef.

Sometimes w no crim charges and no ongoing crim investigations,
when it receives conflicting claims, each person claiming entire proceeds as primary benef. to policy,
life ins co files a civil action, advising the court of the conflicting claims, and offering or tendering the proceeds,
to be placed in a court-designated, ct-controlled a/c.
IOW, life ins co is saying to ct -
yes, we issued a policy on (here, Cooper's) life,
yes, we have received Cooper's death certificate,
but we don't know who to pay, so let the persons involved offer their evidence in court
and let us out of it, relieve us of any further liability, other than providing the $$$ to the ct.

MSM links to the following would be esp useful for this thread:
- $2000 life ins on Cooper (IIRC, provided thru Ross' HD employment or as a rider to his life ins?)
- $25,000 life ins on Cooper (IIRC, thru a policy separate from above).

It there are MSM links re the named benef's on those policies, I've missed them. Anyone?

Re discussing pro's & cons of life ins for minors, starting a new thread is approp (rather than posting here).

I think those policies will not be paying out on claims til the criminal charges are resolved. I do think however, that if RH is eventually found guilty and LH is not charges or charged and found not guilty, she will receive that money at some point down the road.

ETA I say that under the assumption that RH and/or LH are the named policy owners/beneficiaries or RH is the primary with LH as the secondary.

The article = Life Insurance and the Homicidal Beneficiary: The Insurer's Responsibilities Under State Slayer Laws and Statutes.
WARNING: Long and Dry. 150+ footnotes (don't say I did not warn you).
Unknown date of publication.

I think those policies will not be paying out on claims til the criminal charges are resolved. I do think however, that if RH is eventually found guilty and LH is not charges or charged and found not guilty, she will receive that money at some point down the road.

ETA I say that under the assumption that RH and/or LH are the named policy owners/beneficiaries or RH is the primary with LH as the secondary.

IIRC, Ross tried advising "his family" to file or how to submit the life ins. claim.
Any MSM link?
Approx time of first mention? Wasn't he in jail infirmary, w visitors barred until his P/C hearing?
What about phone calls (aside from atty) in infirmary? Or phone calls after P/C hearing?

IIRC, Ross tried advising "his family" to file or how to submit the life ins. claim.
Any MSM link?
Approx time of first mention? Wasn't he in jail infirmary, w visitors barred until his P/C hearing?
What about phone calls (aside from atty) in infirmary? Or phone calls after P/C hearing?

Originally Posted by ReadyorNot
" Why do you think she wont get the life insurance? She surely will, even if she remains a suspect. The insurance companies have a duty of showing "good faith" and cannot take advantage of the situation to avoid paying out their contractual obligations. Absent her actually being charged, they owe it and can only delay it so long."
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Originally Posted by ReadyorNot. "They will wait to see if Leanna is charged, whether JRH did it intentionally is irrelevant since they wont be paying out to him. Even if she is charged they have to pay out to someone which is possibly the grandparents."
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Answer from PIM, Leanna thread ~ post 460, July 15, 2014

"I don't think it works that way if RH was the one who purchased the insurance...and certainly not if they find out this was murder with malice. Many think the charges will be upped to this by the time of trial. There's no hurry. Funeral's been paid for; all they have to do is say they, too, are investigating a suspicious death."

Originally Posted by humanDon't insurance policies have all kinds of exclusions, among them that they don't pay if you committed a crime to get insurance?

Like if you burn your house down, you won't get the money. Can't think of other reasons, but if you kill an insured, you are not getting the money."
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Answer from PIM, Leanna thread post ~467, July 15, 2014.
"Yes, they do. You're absolutely right. That's why there are insurance investigators. It's called fraud. Excluded under a life insurance policy is "Illegal Activity" (such as murder with malice in order to collect someone's life insurance money...). Check out the NAIC."

C + P from Leanna thread Originally Posted by ReadyorNotWho knows? The policy could specifically exclude a death resulting from neglect or abuse too. That wouldn't surprise me regarding the $25,000 child policy. But I am willing to bet the $2,000 dollar one was though his work and will be paid out regardless. We have this same policy through my husbands work. I havent read the terms but it does cover any child we have so its not a policy on each one. I think we pay like 10 dollars a year for it."
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Answer from hopingicanhelp, Leanna thread, post ~471, July 15, 2014

"You could be right... but IME... even THOSE policies have clauses and lots of them"

Originally Posted by PoirotryInMotion"Yes, they do. You're absolutely right. That's why there are insurance investigators. It's called fraud. Excluded under a life insurance policy is "Illegal Activity" (such as murder with malice in order to collect someone's life insurance money...). Check out the NAIC."
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Answer from ReadyorNot from Leanna thread, post ~469, July 15, 2014 Originally Posted by ReadyorNot"You are misunderstanding that I believe. Yes it excluded the person who killed them from collecting but not the other beneficiaries."

Most states have "slayer statutes" which delineate disqualification from insurance proceeds. These statutes vary by state.

In many states, if intent to murder was formed prior to purchasing the policy, the entire policy becomes void. In other states the insurer will generally file an interpleader action where bene is suspected or charged and intent was formed subsequent to policy purchase. Here is an example of one of these filed in GA-http://www.americanbar.org/content/d...thcheckdam.pdf

The majority of states follow a rule where a criminal conviction serves as prima facia evidence of guilt upon expiration of appeal rights. There may also be an extended slayer policy where members of the extended family of the murderer are also inelgible to receive the proceeds.

This is the specific GA statute. I don't have any knowledge of GA case law on this topic.

§ 33-25-13 - Receipt of benefits from insurance policy of deceased by person found guilty of committing murder or voluntary manslaughter.

No person who commits murder or voluntary manslaughter or who conspires with another to commit murder shall receive any benefits from any insurance policy on the life of the deceased, even though the person so killing or conspiring be named beneficiary in the insurance policy. A plea of guilty or a judicial finding of guilt not reversed or otherwise set aside as to any of such crimes shall be prima-facie evidence of guilt in determining rights under this Code section. All right, interest, estate, and proceeds in such an insurance policy shall go to the other heirs of the deceased who may be entitled thereto by the laws of descent and distribution of this state, unless secondary beneficiaries be named in the policy, in which event such secondary beneficiaries shall take.

Originally Posted by ReadyorNotYou are misunderstanding that I believe. Yes it excluded the person who killed them from collecting but not the other beneficiaries."
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Answer from PIM. from Leanna thread post ~472, July 15, 2014'Well, it'd depend on the specific policy wording, I suppose; but if RH goes does down it would not at all surprise me if LH follows. The benefits would not keep on trying to go to next of kin, afaik, (eg. Grandparents), if both parents were found complicit, especially concerning that $25,000 life insurance policy bought in late 2012 for Cooper. There is a 2-year contestancy period allowed that would effectively tie that money up in court (to prove LH was not an accessory even if the criminal courts didn't pursue that); this would quickly dissipate that sum of money. So in the end, I don't see anyone profiting from CH's death, here."

"One representative explained that the only time they ever hold payment is if the death occurs within the two year contestable period, or if the cause of death listed on the death certificate is “homicide”. In this case, they follow up with the police and ask if the beneficiary is a suspect in the murder. If so, they hold payment until charges are dropped or the beneficiary is acquitted of the crime." (An example of just one insurance blog's info) - http://www.insuranceblogbychris.com/...s-not-payable/".

ETA [also from PIM]

Ask the Life Insurance Expert
I have term life insurance on my daughter. Will the insurance company pay benefits if she is murdered?